Azad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8631 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Azad Hussain Son Of Ejaj Hussain R/O Village- Mansha Tola, P.S.- Bettiah Muffasil, Dist.- West Champaran 2.

Asfaque Alam @ Md. Asfaque Son Of Late Md.Mustquim R/O VillageMansha Tola, P.S.- Bettiah Muffasil, Dist.- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 143, 152, 188,, 353, 332, 333 of the Indian Penal Code and 3 and 4 of the Bihar Essential Services Maintenance Act, 1948.

The prosecution case in short is that the accused persons were protesting against different Acts passed by the government and created obstruction in official duty.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.8631 of 2021(2) dt.17-12-2021 2/2 petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 58 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T